United States v. Jesus Leal-Cardona

MEMORANDUM

Jesus Leal-Cardona appeals from the 21-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Leal-Cardona contends that the district court erroneously believed that it lacked authority to depart or vary on the ground of cultural assimilation, or failed to consider cultural assimilation as a ground for departure or variance. The record belies these contentions.

Leal also contends that the court failed to explain its decision not to vary or depart from the Guidelines range on the ground of assimilation. The record provides an adequate basis for meaningful appellate review of the within-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992-93, 995 (9th Cir.2008) (en banc).

He next argues that the court erroneously conflated departures and variances and erred in its decision not to depart or vary on the ground of cultural assimilation. He contends that the resulting sentence was substantively unreasonable. Our review of a district court’s decision to vary or depart considers only whether the sentence imposed was substantively reasonable.…